Third Report of NCSCST

Third Report of NCSCST

1994 95 and 1996

Detailed recommendations have been made in deferent chapters. A summary of major recommendations in each chapter is given below.

CHAPTER I – INTRODUCTION

1. Through the Commission has been making sincere efforts to discharge its Constitution duties and obligations through its officer at the Headquarters at Delhi and various fields offices, yet it has not able to take up all the issues in depth for want of adequate staff and allotment of funds. Detailed proposals for creation of staff at Headquarters and field offices have been sent to the Ministry of Welfare in this regard where these are pending for final decision. The Commission has brought this problem to the notice of the Government through its earlier Reports and regular correspondence.

CHAPTER-2 CONSTITUTIONAL SAFEGUARDS AND PROTECTIVE MEASURES

Laws/ Regulations intended to check land alienation:

2.1  There is need to simplify legal procedure and the laws.

2.2  The survey, settlement and updating of land records should be expedited and firm proof of ownership placed in the hands of SC and ST holders.

2.3  The registration of transfers of land should strictly be subject to clearance under the relevant Act of regulation.

2.4  Deterrent punishment needs to be meted out to those non-SC and ST who continue to be in the possession of land belonging to SC and ST despite orders of ejectment.

2.5  Under the proposed amendment to "the Kerala Scheduled Tribes (Regulation on Transfer of Lands and Restoration of Alienated Lands) Act, 1975" those settlers who has acquired more than one hectare of land will be given option to avoid eviction by paying an amount to be fixed by the Government. The affected tribals are to be compensated by allotting proportionate alternative land and financial assistance. The Commission is strongly of the view that such an amendment will defeat the very purpose and objective for which the Act was promulgated. The tribals will those their land, face dislocation and even greater hardships in the process.

Excise Policy in Tribal areas.

2.6  The existing guidelines should be strictly enforced.

2.7  In Scheduled Areas, entry of excise contractors should be completely banned.

2.8  In ST areas, if the majority of the population of Village is opposed to opening commercial liquor shops, such shops should not be established.

Money lending and dept relief.

2.9  Through most States have enacted laws to regulate the business of money lending and given debt relief, the enforcement of these protective laws is weak. Further, the powers vested in the Government under the Fifth Scheduled to the Constitution have not been used to prevent exploitation by money lenders in Scheduled Areas.

2.10  Existing Acts/ Regulations on money lending and debt relief should be strictly enforced.

2.11  Present loaning/ financial system under IRDP etc. do not take care of consumption needs. Thus loans for productive purpose should include consumption credit to meet the social and economic requirements of the weaker sections of society, majority of which belongs to SCS and STs.

2.12  In order to suitably and effectively eliminate the private money-lenders, credit must be made available at the doorsteps of SCs and STs. NGOs, who have inherent advantages of flexibility may be involved in disbursement of credit, as has been done in the case of Rashtriya Mahila Kosh.

CHAPTER III – EDUCATIONAL DEVELOPMENT

Primary Education

3.1  The Ministry of Human Resource Development, Department of Education in coordination with the Ministry of Welfare, should frame a ten year perspective plan for ensuring achievement of educational standards of SCs/STs at par with the general population. Similarly, perspective plans should be drawn up by Education Departments of States/ UTs in coordination with the department in-charge of SC and ST Welfare.

3.2  The linkages between schools, angandwadis and health care programmes and facilities should be established. Anganwadies, if located next to the schools can function as crèche and also after-care centre for schools going children. Such a support system will also enable women to leave siblings and school going children while going for work. It will help increase enrolment and also reduce the incidence of drop-out.

3.3  It is well known that the language plays an important role in acquiring knowledge. It holds the key to higher vistas of learning and exposure. It is, therefore, essential that the medium of instructions should be in regional, national or international languages. While the local language and specially tribal languages with wide application need to Complexes in low literacy for STs should not be confined only to NGOs. Where suitable NGOs are not available, State Government through their Departments of Education/ Welfare or ITDs should be allowed to establish and run these Complexes.

3.18  Special attention should be paid to the educational needs of Primitive Tribal Groups (PTGs), shifting cultivators, forest villages, migrant ST labourers and nomadic tribes. Wherever necessary mobile schools should be provided educational facilities to the children of these groups as well as to uneducated adults.

3.19  Environment buildings in the tribal areas should be adopted to local situation. Traditional tribal festivals, fairs and weekly markets should be utilized for environment building. Youth organisations like Ghotula and Dhumkurias and educated tribal youths should be associated and made to participate in street plays, processions, etc. Traditional tribal leaders like Majhis, Mukhias, Village Medicinemen, Pujari (initiator of religious ceremony) and especially tribal woman activities should also be associated in environment buildings.

3.20  Buildings for primary schools in tribal and SC areas should be so designed that the Anganwadies/ Balwadies could also function, along with the primary schools, in the same buildings. Timings of Anganwadis/ Balwadis should be fixed in a manner that he siblings can be looked after by the Anganwadies/ Balwadies while the girls attend school, but school children can also be cared for until parents return from work. Adult literacy classes may also preferably be run in these schools.

3.21  The SC/ST women work as daily labourer to supplement family income. They constitute major labour force in the country. They hardly find time to look after the education of their children. The time factor stands as a barrier. In view of the above it is felt necessary to provide bicycle to SC/ST woman for their easy mobility and to enable them to drop the children at the educational institutions and to bring them back to house after school time.

3.22  In the educational institutions the atmosphere may be made conductive for the participation of the parents of the SC/ST children by organizing functions, exhibitions, etc., so that linkage can be established. Further the students may be allowed to participate in the development programmes in the areas during summer vacations/ holidays so that they can earn and learn. This would also instill a sense of awareness in them about the various developmental programmes being implemented for them. Emphasis may be laid for imparting vacation, training in Agriculture, Horticulture, etc. to the students in the school after the class hour so that they would be able to earn their livelihood in future. Voluntary services of the retired teachers of the area, senior students of the nearby schools may be availed of for extra coaching of the students.

3.23  Training-cu-production Centres (TCPCs) could be started where the SC/ tribal boys and girls could be given training in rural crafts. After their training is over, they could be given (in groups) production work on job order to be given by the State Corporations. These TCPCs could be integrated with higher secondary schools.

3.24  Non-governmental organisations should be encouraged to set up schools and hostels in SC/ tribal areas. Some of the existing government schools in SC/ tribals areas should be handed over to NGOs having credentials to run them with Government funds on an experimental basis as has been done in Gujarat.

CHAPTER IV – ECONOMIC DEVELOPMENT OF SCs & Scheduled Tribes

4.1  The allocation of financial outlays, commensurate with the SC/ST population at the Central and State level, have not been adequate to bridge the developmental gaps between SC/ST and other sections of the society. Therefore, adequate financial resources should be allocated for development of these communities in keeping with their needs in each sector to bring them at par with other communities in a time-bound manner.

4.2  While quantifying funds under any schemes as part of the SCP and Tribal Sub-Plan the welfare schemes for SC/ST people should be looked into carefully. Inclusion of the schemes under SCP and Tribal Sub-Plan which are not relevant for SC/St people presents a destroyed picture of the quantum of efforts undertaken by the State Government/ UT Administrations. In this context SC and TD Departments of the State should be closely involved in planning and implementation of these schemes.

4.3  Action Plan should be prepared by the State Government and UT Administrations for socio-economic development of Primitive Tribal Groups.

4.4  All the Central Ministries should identify schemes and thereafter quantify resources for SCs and STs development and welfare. They may also adopt the budgetary mechanism of reflecting the share for SC and ST separately. The Ministries/ Departments may determine and clearly indicate the possible supplementation which they except to make to the States from their plans for key programmes.

4.5  The financial availability at differential rate of interest for SC and ST people needs to be augmented and RBI should monitor the lending operations of the banks to ensure that the prospective borrowers get the loans expeditiously.

4.6  The efforts of financial institutions should be quantified separately in respect of each of the three sections, i.e. SCs, STs, and other weaker sections.

4.7  The working of S.C.D.C. Corporations, Tribal Development Corporations and Marketing Corporations may be evaluated by the independent agencies to know about the performance of these institutions at the field level. These Corporation should be given the status of Commercial Banks.

4.8  While granting loans under employment generating schemes, which lead to creation of assets, the joint applications by both husband and wife and consequent upon joint ownership of the assets should be encouraged.

4.9  In the States/ UTs where there are either no blocs with more than 50% SC populations or the number is less, the Special Central Assistance should be used by considering village/ cluster of village as a unit in the pattern of MADA or TSP pockets for tribal development.

CHAPTER V – DEVELOPMENT AND WELFARE OF SCHEDULED TRIBES

5.1  A radical departure from the prevalent practice of Tribal Sub-Plan formulation is necessary. In this connection, all the TSP States and UTs should adopt what it the now known as the Maharashtra Model. Requisite TSP funds should be placed at the disposal of Tribal Development Department for inter-sectoral prioritization and for allocation of funds for schemes and programmes under each section which will cater to the genuine and felt needs of the tribals.

5.2  The ITDPs should be converted into ITDAs (Integrated Tribal Development Agencies). In order words, they should be registered as Societies as has been done in Orissa and Andhra Pradesh. Single Line Administration should be ensured at the project level.

5.3  In the context if introduction of Panchayati Raj System, Project Officers of ITDPs/ ITDAs should be declared as additional Chief Executive Officers of the Zilla Parishads to ensure harmonious working between ITDPs / ITDAs and the Panchayati Raj bodies. They may also be declared a Additional Collectors.

5.4  The provisions contained in para 5 of the Fifth Scheduled to the Constitution may be taken advantage of for framing regulations reserving all posts in the Scheduled Areas for STs only. In addition suitable relaxation in qualifications may also be provided in certain categories of posts like Forest Guards, Police Constable, Primary School Teacher etc., for the tribals.

5.5  The system of Village Health Guides which has become defunct should be revived by the Ministry of Health. The local tribals could be appointed as Village Health Guides with required training in modern medicines and up gradation of their knowledge in traditional tribal medicines. There should be Village Health Guide for a population of 500, rather than 1000, in tribal areas.

5.6  The Non-Governmental Organisations of tribals should be encouraged and supported to work in tribal areas. For this purpose the present requirement of existence of NGOs for three years should be waived. In case of other NGOs working in tribal areas the requirement of three years period may be reduced to one year.

5.7  All the States having tribal population should take special care of the nutritional and health status of the tribals, especially women and children. Vulnerable areas and vulnerable period/ season should be identified. Comprehensive Action Plans should be framed and States/ UT level and District level Monitoring Committees should be formed for taking preventive measures to put a check on the deaths of children in remote and backward tribal areas due to starvation or malnutrition combined with different diseases.

5.8  State Government should take another look at all their laws relating to land for plugging loopholes in the laws and preventing illegal alienation of tribal land. The records of tribals should be updated in a time-bound manner. Disposal of cases relating to alienation of ST land should be constantly monitored through a Special Committee at the State level with Secretary, Welfare and Secretary, Revenue/ Land Reforms, as its Members.

5.9  Traditional rights of tribals for collection of Minor Forest Produce should be recognized. Similarly, the State Government should take immediate steps to abolish all royalties/ levies and taxes on minor forest produce in order to enable the tribals to realise a better and higher remuneration for M.F.P. The Government/ cooperative bodies such as LAMPS should be given exclusive rights for procurement of minor forest produce.

5.10  Efforts should be made to involve the traditional tribal leadership in the development process. Participation of tribal leaders in the enforcement of various preventive measures relating to land alienation, payment of minimum wages, money lending and fixation of prices in marketing of various items of minor forest produce, etc. should be ensured by involving them in block, district and State level committees connected with implementation/ monitoring of these measures.